Civil liability for damages resulting from the use of medical devices and solutions that do not meet specifications in dialysis centers

Abstract

Abstract: This research addresses civil liability for damages arising from the use of substandard medical devices and solutions in dialysis centers, focusing on patient protection and ensuring their right to compensation. The research highlights the legal challenges associated with proving fault, damage, and causation, and the role of legislation in determining the extent of liability of the healthcare facility and the supplier or product. It also underscores the importance of establishing clear mechanisms for assessing compensation and distributing the burden of responsibility among the parties, comparing Iraqi legislation with Egyptian law, which relies on the strict liability of the product or supplier, thus facilitating patient protection in cases of latent defects. The study concludes that developing legislation, strengthening oversight of medical devices and solutions, and streamlining compensation procedures are essential steps to ensure a safe treatment environment and achieve civil justice.